Abandoning Green Card?

[brokensemaphore 0]

I posted this to the Citizenship forum, but I didn't get any answers:

This is probably a dumb question, but here goes:

My UKC husband and I want to travel to England for a few months (probably four or five) to see if it's somewhere we'd ever want to live. During that time, he would be working, probably a temporary job), and we'd have a short-term lease on a flat. If we did this before he applied for US citizenship, would that be abandoning his green card? We'd continue to pay taxes in the US (he has a job here currently, but would be leaving it to travel), but we live with my parents, so we have no lease, utilities, etc.

I'm guessing that this would be considered abandonment of his green card, especially since we'd really have no way of proving otherwise, right? If we wound up staying in England and years later decided to re-do his green card and return to the US, would having abandoned it the first time around affect the process negatively? If so, is there any way to avoid that (legally, I mean-- is there any way to notify USCIS that he's abandoning his green card rather than just doing it? That just seems rude and sneaky to me.)?

I understand, of course, that the better option would be to wait until he's applied for and granted citizenship, but I'm asking hypothetically if he weren't to wait. Many apologies if a similar question has been asked and if so, I'd really appreciate a link to the post, as I couldn't find one.

[YuAndDan 153]

NO

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Remain outside the USA for more that 6 months, and you abandon time accumulated for citizenship.

[brokensemaphore 0]

NO

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Remain outside the USA for more that 6 months, and you abandon time accumulated for citizenship.

I know that-- I said for 4 or 5 months.

[bradcanuck 1]

I know that-- I said for 4 or 5 months.

so then what is the problem. you can leave for 6 months.

[brokensemaphore 0]

I know that-- I said for 4 or 5 months.

so then what is the problem. you can leave for 6 months.

I've read a lot about extended stays away from the US being often and heavily questioned, and that having proof of ties to the US are the only way to avoid losing green card status. As I said in my post, we have virtually zero proof of any of that, and I wasn't sure if that, coupled with him working in England, would compromise it.

[Reba 2]

he could always apply for a re-entry permit.

[YuAndDan 153]

he could always apply for a re-entry permit.

OR after 3 years of LPR status apply for US citizenship, and not worry about re-entry permits, re applying for immigrations visas, maintaining LPR status etc, Dual Citizenship has it's rewards.

[pushbrk 13,260]

he could always apply for a re-entry permit.

OR after 3 years of LPR status apply for US citizenship, and not worry about re-entry permits, re applying for immigrations visas, maintaining LPR status etc, Dual Citizenship has it's rewards.

Yes, citizenship first if that works for you. Otherwise, keep a bank account open and drivers license during your short stay in England. If you decide to make your stay permanent, he'll eventually lose his LPR status.

[diadromous mermaid 36]

he could always apply for a re-entry permit.

OR after 3 years of LPR status apply for US citizenship, and not worry about re-entry permits, re applying for immigrations visas, maintaining LPR status etc, Dual Citizenship has it's rewards.

Yes, citizenship first if that works for you. Otherwise, keep a bank account open and drivers license during your short stay in England. If you decide to make your stay permanent, he'll eventually lose his LPR status.

USC maintains voters registration

Reports income earned abroad.